Non VA medical bills

[JohnsWidow]

My husband was 100% service connected disabled USMC veteran. He passed away Oct.22, 2016. He had gone to 2 seperate non VA hospitals via ambulance before his passing. The hospitals were aware he was 100% service connected disabled. They have been sending bills for hospital services and he had told their billing departments to send the bills to VISN 16 Consolidated fee unit PO box 320164 Flowood, MS. 39232 several times. Now that he has passed and the same bills are still coming I decided to just enclose a note in all bills stating to remit all bills for payment to the VISN address. They still don't get it. What am I doing wrong? Can anyone suggest a better alternative? Thank you for your time.

Edited January 2, 2017 by JohnsWidow

[SonOfJohn]

Thank you for your assistance as always.

My mother has filed for the accrued benefits (same day as the DIC claim was filed)

With regards to the 1151 claim. My father was working with RawlsMcNelis law firm for several months prior to his death. Sadly, I was only able to get his Houston VA medical records the very evening before he passed. (spent most of that night scanning in over 1400 pages covering the past 6 years) This firm has a copy of the records and to my knowledge is still going through them.

 

Recently we have also acquired his records from the Ann Arbor VA when my parents visited me in Michigan in early August 2016 as well as private care radiology records from Conroe Regional hospital (VA approved for emergency treatment) and Dr Dasgupta's notes from Millennium Oncology when he was in the clinical trial following his being told he had lung cancer.  I'm hoping these latter two can be used as IMO especially Dr Dasgupta's notes since he was the one recommending John get Chemo immediately after he was removed from the trial.

I am still awaiting the medical records from Conroe Regional which should provide the exact date when my father was told for the first time he had cancer. Once I have this, I will have the complete picture of my father's last few years prior to his death. I'm hoping with this RawlsMcNelis will be able to build a solid case.

Question, Is it best to have have 1151 filed by the law firm on our behalf or should it be filed by us independently just to get it into the system sooner? I don't know if there's a statute of limitations.

[Berta]

Accrued benefits derive from a claim pending with the VA at time of the veteran's death.

If there was a pending claim I am sure the TVC helped your mother to file out a form stating she is substituting herself as the  claimant.She will get the veteran's C file number and the VA will ask her to respond with evidence to support the pending claim.

"Question, Is it best to have have 1151 filed by the law firm on our behalf or should it be filed by us independently just to get it into the system sooner? I don't know if there's a statute of limitations."

 FTCA has a 2 year Statute of Limits

1151 has no filing limit.

Since a law firm is already involved (so I assume for potential FTCA case) I suggest that you ask them if you can use their exact wording on the SF95 they will prepare for the 1151 claim, if in fact they are considering a FTCA case.

I have no idea what your lawyers are considering. Or if they have considered Section 1151 in addition to FTCA.

Best to ask them that question.

FTCA is only for cases against the Federal Gov (VA) employees.

http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html

Perhaps they are considering other types of civil actions against any non VA entity too.

 "Once I have this, I will have the complete picture of my father's last few years prior to his death. I'm hoping with this RawlsMcNelis will be able to build a solid case."

Yes, Good, that is how I built my FTCA case.I had the complete picture.It was difficult- handwritten hard to read med recs, acronyms I had to use medical libraries for (no internet then) but the VA wanted to settle with me 5 months after they got my SF 95.But I explained already here that it actually took almost 3 years.

I used the same cause of action on my FTCA SF95 form as I used for my 1151 DIC claim.

I have been a Pro Se attorney many times (never lost a case) but have no idea how your lawyers are handling this and I don't want to appear that I am criticizing TVC either ..not at all .....there is just much more to this medical picture than meets the eye and in that respect hyperspace can be confining.

Others will chime in as well....

 

 

[SonOfJohn]

29 minutes ago, Berta said:

Accrued benefits derive from a claim pending with the VA at time of the veteran's death.

If there was a pending claim I am sure the TVC helped your mother to file out a form stating she is substituting herself as the  claimant.She will get the veteran's C file number and the VA will ask her to respond with evidence to support the pending claim.

"Question, Is it best to have have 1151 filed by the law firm on our behalf or should it be filed by us independently just to get it into the system sooner? I don't know if there's a statute of limitations."

 FTCA has a 2 year Statute of Limits

1151 has no filing limit.

Since a law firm is already involved (so I assume for potential FTCA case) I suggest that you ask them if you can use their exact wording on the SF95 they will prepare for the 1151 claim, if in fact they are considering a FTCA case.

I have no idea what your lawyers are considering. Or if they have considered Section 1151 in addition to FTCA.

Best to ask them that question.

FTCA is only for cases against the Federal Gov (VA) employees.

http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html

Perhaps they are considering other types of civil actions against any non VA entity too.

 "Once I have this, I will have the complete picture of my father's last few years prior to his death. I'm hoping with this RawlsMcNelis will be able to build a solid case."

Yes, Good, that is how I built my FTCA case.I had the complete picture.It was difficult- handwritten hard to read med recs, acronyms I had to use medical libraries for (no internet then) but the VA wanted to settle with me 5 months after they got my SF 95.But I explained already here that it actually took almost 3 years.

I used the same cause of action on my FTCA SF95 form as I used for my 1151 DIC claim.

I have been a Pro Se attorney many times (never lost a case) but have no idea how your lawyers are handling this and I don't want to appear that I am criticizing TVC either ..not at all .....there is just much more to this medical picture than meets the eye and in that respect hyperspace can be confining.

Others will chime in as well....

Is the FTCA and 1151 essentially the same thing or can we file both for the same claim?

 

 

[Berta]

I filed both. They both require the same evidence.

I used my FTCA award settlement papers to support my 1151 claim.

The main difference is the offset factor.

For many years VA offset my DIC by about 59 thousand dollars....meaning I didnt receive DIC because I had a large cash award under FTCA...until the FTCA offset amount was fully recouped.I had negotiated this offset myself with the General Counsel. Most FTCAs involve offsetting the entire FTCA amount.But I like lawyers and knew how to deal with them at OGC.

But then I also won direct service connected death and the VA had to pay me back all the cash they had offset.

I know of no other case like that.

A vet I helped locally had a prime facie malpractice case.He however didnt want a lump sum because he knew he would spend it all at Graceland. I got him 100% P & T under 1151 with a check every month and no offset.I invested my FTCA cash and was able to draw enough money every month to cover what the DIC check would have brought to me.

A lawyer who takers a FTCA issue will fight aggressively for you.

My initial POA (the DAV) who handled my 1151 did not have a clue.

Maybe your lawyer will help with the 1151 and the FTCA.